An anti-vaccine bus driver should avoid jail for pelting police with rocks and glass bottles during a protest because his pandemic experience was "particularly difficult", his lawyer claims.
Ulric Wharerau, 53, attended worldwide "freedom" protests in Melbourne in 2021 after being told he would lose his job at Ventura Bus Lines if he did not get a COVID-19 vaccination.
Frustrated with the mandate and the number of lockdowns he had endured, Wharerau hit a police officer with a glass bottle of orange soda at the protests in Richmond on September 18, 2021.
That officer suffered bruising and swelling to his jaw, a chipped tooth, and struggled to open and close his mouth due to the injuries.
He told the County Court he was injured while just trying to perform his job and was glad he was struck instead of one of his colleagues.
"People may agree or disagree with the roles of police on this day, or even during the pandemic, but the choice of what duties to undertake or not were not mine to take," the officer said in a statement.
Wharerau then pelted rocks at an officer after jumping out of bushes outside Richmond McDonald's, threw a second glass bottle towards police, and ran at an officer who was spraying OC foam at him.
He was identified by authorities in TV news footage of the protests, where he was wearing a black helmet, mask and sunglasses.
Wharerau pleaded guilty to assaulting police, recklessly causing injury, and resisting arrest, and faced the County Court on Wednesday for a pre-sentence hearing.
His lawyer Daniel Thomas said Wharerau should avoid jail time as he struggled more than others during COVID-19 restrictions.
His mother in Queensland suffered a stroke and he couldn't attend the funerals of family members who died overseas, Mr Thomas said.
He said recurring lockdowns placed stress on Wharerau's relationship, which resulted in their separation, and he was stood down by Ventura after refusing to get vaccinated against COVID-19.
"While everyone suffered, some people's experience was more difficult, and in my submission Mr Wharerau's was particularly difficult," Mr Thomas said.
Judge Gavan Meredith pointed out that it was Wharerau's choice not to get vaccinated and many people "from all walks of life" were adversely impacted by the pandemic.
"They didn't see the need to resort to this kind of behaviour," he said.
Prosecutor Michael Kats called for Wharerau to be handed a six-month jail term, as there was nothing exceptional about his circumstances during the pandemic.
The judge remanded Wharerau in custody until his sentence, which will be handed down at a later date.
